HARRY HUGHES, Governor                              1401

Approved May 6, 1980.

CHAPTER 419

(House Bill 837)

AN ACT concerning

Alleged Rape and Sexual Offense Victims - Payment of
Medical Expenses

FOR the purpose of altering the present reimbursement
procedure for the victims of alleged rape and sexual
offenses to provide that the Department of Health and
Mental Hygiene shall pay certain doctor and hospital
charges; and generally relating to the payment of
doctor and hospital costs for alleged rape and sexual
offense victims.

BY repealing and reenacting, with amendments,

Article 43 - Health

Section 31D

Annotated Code of Maryland

(1971 Replacement Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

31D.

(a) Whenever a doctor or a hospital provides any
physical examination of any victim of an alleged rape or
sexual offense for the purpose of establishing and gathering
information and evidence as to the ALLEGED crime, the
service shall be furnished without charge to the person and
the doctor or hospital shall be entitled to be [reimbursed]
PAID by the Department of Health and Mental Hygiene for the
costs of providing these services.

[(b) If the person receiving the services is covered
in whole or part by a policy of insurance as to the
services, the person shall subrogate to the Department any
right or right of action which the person may have under the
insurance policy to recover the costs for payment of these
services.

(c) Any provision of a policy of insurance written or
entered into after July 1, 1977 which precludes or prohibits
subrogation for recovery of payment for these services,